The other common type of professional malpractice lawsuit
occurs when a client sues his or her former attorney. A large number
of legal malpractice actions involve claims that an attorney representing
a client in court made an error that harmed the client. The plaintiff
must prove that the prior trial would have had a different result if
the attorney had not acted negligently. This may require the plaintiff
in the malpractice action to retry the prior case as part of the legal
malpractice lawsuit-a complex and time-consuming process.
Identifying
the party to whom an attorney is responsible can be a controversial
issue in legal malpractice actions. Traditionally, attorneys are obligated
to protect their clients and no one else. In many cases, however, the
improper conduct of an attorney may injure someone other than the client.
For example, if an attorney improperly drafts a client's will, the
heirs-rather than the client-will be harmed. Courts have begun to show
more willingness to hold attorneys liable for injuries to third parties
whose damages could have been anticipated. Rules governing who can
sue for legal malpractice damages vary widely between states.
